Platform License Agreement for India

Platform License Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions under which a platform provider licenses their software platform to enterprise customers. The document covers essential aspects including licensing rights, usage terms, data protection obligations, service levels, and compliance with Indian IT regulations. It incorporates specific provisions required under Indian legislation, including the Information Technology Act, 2000 and related rules, while addressing intellectual property rights, liability limitations, and dispute resolution mechanisms in accordance with Indian contract law.

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What is a Platform License Agreement?

The Platform License Agreement serves as the primary legal framework for software platform licensing arrangements in India. This document is essential when a platform provider wishes to grant access and usage rights of their software platform to enterprise customers while maintaining ownership and control over the intellectual property. It addresses crucial aspects such as license scope, fees, data protection, service levels, and compliance with Indian regulations including the Information Technology Act, 2000 and associated rules. The agreement is particularly relevant in today's digital economy where businesses increasingly rely on third-party platforms for their operations. It includes specific provisions for data protection, security requirements, and dispute resolution mechanisms tailored to the Indian legal context, while also covering technical specifications, support services, and usage limitations.

What sections should be included in a Platform License Agreement?

1. Parties: Identification of the licensor (platform provider) and licensee, including registered addresses and company details

2. Background: Context of the agreement, brief description of the platform, and purpose of the license

3. Definitions: Detailed definitions of technical terms, platform-specific terminology, and key concepts used throughout the agreement

4. Grant of License: Scope of the license, permitted uses, and any territorial restrictions

5. License Fees and Payment Terms: Pricing structure, payment schedules, and billing procedures

6. Platform Access and Usage Rights: Terms governing access to the platform, user accounts, and permitted usage

7. User Data and Privacy: Data collection, processing, storage, and protection requirements in compliance with Indian law

8. Security Requirements: Security measures, protocols, and compliance requirements for platform usage

9. Service Levels: Performance standards, availability commitments, and maintenance windows

10. Intellectual Property Rights: Ownership of IP, restrictions on use, and protection of proprietary rights

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of the agreement, renewal terms, and termination rights

13. Limitation of Liability: Liability caps and exclusions in compliance with Indian law

14. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law provisions

15. General Provisions: Standard boilerplate clauses including notices, assignment, and severability

What sections are optional to include in a Platform License Agreement?

1. Integration Services: Include when the platform requires integration with licensee's systems or third-party services

2. Professional Services: Include when additional services like training, implementation, or customization are provided

3. Reseller Rights: Include when licensee is granted rights to resell or sublicense the platform

4. White Labeling: Include when licensee is permitted to rebrand the platform

5. Disaster Recovery: Include for critical applications requiring specific disaster recovery commitments

6. Regulatory Compliance: Include for heavily regulated industries with specific compliance requirements

7. Revenue Sharing: Include when the business model involves revenue sharing arrangements

8. Geographic Restrictions: Include when platform usage is restricted to specific territories or regions

What schedules should be included in a Platform License Agreement?

1. Schedule 1 - Platform Description: Detailed technical specifications and functionality of the platform

2. Schedule 2 - Service Level Agreement: Detailed performance metrics, response times, and service credits

3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and fee calculations

4. Schedule 4 - Support Services: Support levels, response times, and escalation procedures

5. Schedule 5 - Security Requirements: Detailed security protocols, standards, and compliance requirements

6. Schedule 6 - Data Processing Terms: Detailed data handling procedures and privacy requirements

7. Appendix A - Authorized Users: Categories of users and their respective access rights

8. Appendix B - Acceptable Use Policy: Rules and restrictions for platform usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

E-commerce

Financial Services

Healthcare

Education

Manufacturing

Retail

Professional Services

Telecommunications

Media and Entertainment

Real Estate

Transportation and Logistics

Insurance

Banking

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Enterprise Sales

Business Development

Platform Operations

Technical Support

Contract Administration

Digital Operations

Relevant Roles

Chief Technology Officer

Legal Counsel

Procurement Manager

IT Director

Chief Information Officer

Chief Information Security Officer

Compliance Officer

Contract Manager

Software Licensing Manager

Business Development Director

Enterprise Sales Manager

Technical Account Manager

Platform Operations Manager

Chief Digital Officer

Chief Legal Officer

Risk Management Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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